State of U.P v. Party

2. Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the applicant, Sri Mohd. Yasin, Advocate holding brief of Sri Fakhruzzaman, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Fakhruzzaman is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sameer @ Salman Khan, seeking enlargement on bail during trial in connection with Case Crime No. 170 of 2025, under Sections 69, 123, 115(2), 352, 351(2) BNS, 2023, registered at Police Station Premnagar, District Jhansi.

5. The FIR of the matter was lodged by the victim on the basis of an application moved under Section 173(4) BNSS against the applicant and two other persons on 02.06.2025 alleging therein that her marriage was settled with the applicant and they used to talk to each other on mobile. The applicant used to take her along with him to social places. He once called her to his room and gave her some intoxicating substance due to which she became unconscious and when she regained consciousness found herself nude and also the applicant lying nude beside her. Then on asking him he states that he established physical relationship with her which was to be established later on since their marriage was settled. The applicant then used to call her at various places and established physical relationship with her. He also installed a hidden camera and got her photographs and made video of the same later on he refused marriage. 2 BAIL No. 29849 of 2025

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant never refused for marriage with the victim/first informant, para 18 of the affidavit has been placed before the Court. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the victim is a major woman. It is submitted that the factum of marriage between the applicant and the victim could not materialize and thus the FIR has been lodged. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 13.07.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he does not oppose the argument of learned counsel for the applicant and submits that the entire material which is on record would go to show that the relationship was a consensual relationship.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman. The marriage between the applicant and the victim was settled. The relationship between the applicant and the victim continued since long. Subsequently the marriage between them could not materialize and then the FIR has been lodged.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant Sameer @ Salman Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 3 BAIL No. 29849 of 2025 (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. September 17, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the applicant, Sri Mohd. Yasin, Advocate holding brief of Sri Fakhruzzaman, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. Vakalatnama of Sri Fakhruzzaman is not on record despite his name being printed in the cause list. Office to trace out the same and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sameer @ Salman Khan, seeking enlargement on bail during trial in connection with Case Crime No. 170 of 2025, under Sections 69, 123, 115(2), 352, 351(2) BNS, 2023, registered at Police Station Premnagar, District Jhansi.

5. The FIR of the matter was lodged by the victim on the basis of an application moved under Section 173(4) BNSS against the applicant and two other persons on 02.06.2025 alleging therein that her marriage was settled with the applicant and they used to talk to each other on mobile. The applicant used to take her along with him to social places. He once called her to his room and gave her some intoxicating substance due to which she became unconscious and when she regained consciousness found herself nude and also the applicant lying nude beside her. Then on asking him he states that he established physical relationship with her which was to be established later on since their marriage was settled. The applicant then used to call her at various places and established physical relationship with her. He also installed a hidden camera and got her photographs and made video of the same later on he refused marriage. 2 BAIL No. 29849 of 2025

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant never refused for marriage with the victim/first informant, para 18 of the affidavit has been placed before the Court. It is submitted that the relationship between the applicant and the victim was a consensual relationship. It is submitted that the victim is a major woman. It is submitted that the factum of marriage between the applicant and the victim could not materialize and thus the FIR has been lodged. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 13.07.2025.

7. Per contra, learned counsel for the State opposed the prayer for bail. Learned counsel for the first informant although is present but he does not oppose the argument of learned counsel for the applicant and submits that the entire material which is on record would go to show that the relationship was a consensual relationship.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is a major woman. The marriage between the applicant and the victim was settled. The relationship between the applicant and the victim continued since long. Subsequently the marriage between them could not materialize and then the FIR has been lodged.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant Sameer @ Salman Khan, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 3 BAIL No. 29849 of 2025 (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. September 17, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad